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STATE of HAWAII Testimony in SUPPORT of HB1088 HD3 SD1

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STATE of HAWAII Testimony in SUPPORT of HB1088 HD3 SD1 DAVID Y. IGE ELIZABETH A. CHAR, M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH WRITTEN P. O. Box 3378 TESTIMONY ONLY Honolulu, HI 96801-3378 [email protected] Testimony in SUPPORT of HB1088 HD3 SD1 RELATING TO COSMETICS SENATOR KARL RHOADS , CHAIR SENATE COMMITTEE ON JUDICIARY SENATOR ROSALYN H. BAKER, CHAIR SENATE COMMITTEE ON COMMERCE AND CONSUMER PROTECTION Hearing Date: 4/1/2021 Room Number: Videoconference 1 Fiscal Implications: This measure will impact the priorities identified in the Governor’s 2 Executive Budget Request for the Department of Health’s (Department) appropriations and 3 personnel priorities. 4 Department Testimony: The Department appreciates the opportunity to provide testimony in 5 support of HB1088 HD3 SD1. The Department supports the amendments placed in the Hawaii 6 Revised Statutes (HRS) Chapter 321, which allows county prosecutors the ability to pursue 7 potential violators as provided for in the measure. The regulation of cruelty-free cosmetics are 8 outside the scope of HRS Chapter 328, “Food, Drugs, and Cosmetics”. 9 10 Offered Amendments: None. 11 Thank you for the opportunity to testify on this measure. 12 13 2700 Waialae Avenue Honolulu, Hawaii 96826 808.356.2200 ● HawaiianHumane.org Date: March 29, 2021 To: Chairs Senators Karl Rhoads and Rosalyn H. Baker Vice Chairs Senators Jarrett Keohokalole and Stanley Chang and Members of the Committees on Judiciary and Commerce and Consumer Protection Submitted By: Stephanie Kendrick, Public Policy Advocate Hawaiian Humane Society, 808-356-2217 RE: Testimony in support of HB 1088, HD3, SD1: Relating to Cosmetics Thursday, April 1, 2021, 9:30 a.m., Via Videoconference Aloha Chairs, Vice Chairs and Members of the Judiciary and Commerce and Consumer Protection Committees, On behalf of the Hawaiian Humane Society, thank you for considering our support of House Bill 1088, HD3, SD1, which bans the import for profit, sale, and offer for sale of any cosmetic in the state if the final product or any component of the final product was developed or manufactured using animal testing performed on or after 1/1/2024. Hawaiian Humane believes the use of animals for experimentation should be permitted only when there are no feasible alternatives and only when the experiment is believed likely to produce new and substantial information. That is certainly not the case in testing the chemicals used in cosmetics where modern alternatives are cheaper, faster and can better predict human reactions. These animal-free techniques are required in European Union countries as well as a growing number of states, including California, Nevada and Illinois. We support HB1088, HD3, SD1. The provisions of this measure are well vetted, supported by many in the cosmetics industry itself, and include exemptions to address threats to human health. There is no evidence that any local cosmetics manufacturers will be affected by this law, except that they will no longer have to compete against manufacturers who abuse animals in pursuit of profits. We urge the committee to pass HB1088, HD3, SD1. Mahalo for your consideration. The Hawaiian Humane Society is dedicated to promoting the human-animal bond and the humane treatment of all animals. To: Senator Karl Rhoads, Chair Members of the Senate Committee on Judiciary Senator Rosalyn Baker, Chair Members of the Senate Committee on Commerce and Consumer Protection In Support Of: HB 1088, HD3, SD1 Date: March 30, 2021 Testimony By: Lindsay Vierheilig, Hawaii State Director, The Humane Society of the United States Dear Chair Rhoads, Vice Chair Keohokalole, and members of the Committee on Judiciary and Chair Baker, Vice Chair Chang, and members of the Committee on Commerce and Consumer Protection, Thank you for the opportunity to submit this written testimony on behalf of the Humane Society of the United States and our members and supporters across Hawaii urging the committee to pass HB 1088, HD3, SD1 which prohibits a manufacturer from importing for profit, selling, or offering for sale in Hawaii any cosmetic, for which an animal test was conducted or contracted by or on behalf of the manufacturer, or any supplier of the manufacturer, on or after January 1, 2024. While we strongly support this measure, we would recommend that the effective date remain January 1, 2022. This gives industry ample to time to comply and has the support of the Personal Care Products Council (PCPC), the largest cosmetics trade association representing approximately 600 companies in the United States. There is strong corporate support for ending animal testing for cosmetics. HB 1088 has received letters of support from 3 companies based in Hawaii (please see attached): Ao Organics Hawaii (Honokaʻa), O’o Hawaii (Oahu), and Pure Mana Hawaii (Kealakekua). In addition, the Humane Cosmetics Act, federal legislation to end the production and sale of animal-tested cosmetics, has been endorsed by more than 325 individual companies in the cosmetics industry and was also introduced with the full support of the PCPC. In traditional animal tests, rabbits, guinea pigs, mice and rats have substances forced down their throats, dripped into their eyes, or smeared onto their skin before they are killed. These test methods are unreliable predictors of human safety. Different species can respond differently when exposed to the same chemicals. Consequently, animal tests may under- or over-estimate real-world hazards to people. In addition, results from animal tests can be quite variable and difficult to interpret. Fortunately, animal testing for cosmetics is completely unnecessary. There are no animal testing requirements for cosmetic safety substantiation in the United States. Companies can already create great products using thousands of available ingredients that have a history of safe use and do not require new testing. For new ingredients where animal testing may currently be used, many non-animal methods have been, and continue to be, developed. Non-animal methods can combine human cell-based tests and sophisticated computer models to deliver human-relevant results at less cost and in less time than the animal tests. HB 1088, HD3, SD1 contains some exceptions that allow for sale of products with new animal testing under certain conditions including testing: (1) Required by a federal or state agency when there is a specific human health concern and there is no available alternative test or alternative ingredient; (2) Required by a foreign regulatory authority, if no evidence derived from such test was relied upon to substantiate the safety of a cosmetic sold within Hawaii; (3) Conducted on a product or ingredient classified as a drug by the Federal Food, Drug, and Cosmetic Act; and (4) Conducted for non-cosmetic purposes if no evidence derived from such test was relied upon to substantiate the safety of a cosmetic sold within Hawaii without documented evidence that the testing was done to satisfy non-cosmetic testing requirements and the ingredient was in use in a non-cosmetic product for at least 12 months. These limited exceptions recognize the realities of chemical testing laws around the globe while also creating the incentive for cosmetic companies to push for the development and acceptance of additional non-animal test methods. There has been a global trend toward eliminating cosmetic animal testing. In 2018, California became the first state in the country to ban the sale of cosmetics newly tested on animals followed by Nevada and Illinois in 2019. On March 12, 2021, Virginia became the fourth state to pass such a law and several other states are currently working toward the same. Historically, the European Union (EU) began the trend in 2013 by finalizing a ban on the sale of cosmetics tested on animals, creating the world’s largest cruelty-free cosmetics marketplace. This ban compelled cosmetic companies around the world to end animal testing and invest in the development of non-animal alternatives instead. Similar bans have also been enacted in Israel, Norway, India, and Switzerland and are under consideration in several other countries. In order to sell their products in any of these countries, cosmetic companies must already comply with bans on animal testing. The Humane Society of the United States respectfully urges the committee to pass HB 1088, HD3, SD1 and help bring about an end to the use of animal testing in cosmetics. Sincerely, Lindsay Vierheilig Hawaii State Director The Humane Society of the United States [email protected] The Honorable Mark J. Hashem Chair, House Committee on Agriculture The Honorable members of the House Committee on Agriculture Hawaii State Capitol 415 S Beretania St. Honolulu, HI 96813 February 3, 2021 RE: Support HB 1088 and SB 345 Dear Chairman Hashem and the members of the House Committee on Agriculture: My name is Chelsa Davis and I am the owner, founder, and formulator of Ao Organics Hawai‘i. We are a company located in Honokaʻa that produces natural and organic skincare and body products. We would like to express our strong support of HB 1088 and SB 345 which would prohibit the sale of cosmetic products that have been tested on animals. As a formulator, I can create innovative products using ingredients that have already been proven to be safe. In addition, for new ingredients, there are many non-animal methods available, which are more relevant to humans, faster and cheaper, that can be used for safety evaluations. Hawaii has the opportunity to be a leader in creating a cruelty-free cosmetics market. Please support HB 1088 and SB 345. Thank you. Sincerely, Chelsa Davis PURE MANA HAWAII The Honorable Mark J. Hashem Chair, House Committee on Agriculture The Honorable members of the House Committee on Agriculture Hawaii State Capitol 415 S Beretania St. Honolulu, HI 96813 February 3, 2021 RE: Please Support HB 1088 and SB 345 Dear Chairman Hashem and the members of the House Committee on Agriculture: I am writing on behalf of Pure Mana Hawaii located in Kealakekua.
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